H1 petition after 3 years of visa expiry


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Here are my first H1 petition / visa dates:

H1 pertition applied in 2004 - 2005 year (Quota opened in 2004 April )

Visa First Date of issue: 10 Jan 2005

First Port of entry was in: Feb 2005

I left US to India in November 2008

I had Visa / I-797 till : Feb 2011

I am working in India from March 2009. No trips to outside India after this.

My total duration in US was: 3years 9 months. ( less than 6 years). I am out US since 2008 november (more than 4 years).

One of the consulting company interested to do H1 for me now. Can they file H1 now with new employer using my old Petition!!!! If yes, Can I use my remaining 2.5 years only or can stay another 6 years?

Appreciate your reply.

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You have two options.

1. File your new H1 as cap exempt based on your prior approvals. Then you will be able to enter as soon as the petition and visa are approved for the remaining 2+ years.

2. File as cap subject, wait till Oct 1st to enter and then you have a new 6 year period you will be eligible for H1 visas.

If you are in a hurry to come to US and also intend to stay here for a long time, use option 1 and then immediately start your GC processing. You will be able to continue beyond those initial 2 years in that case.

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